OPINION OF LORD MATTHEWS IN THE PETITION THE CITY OF EDINBURGH COUNCIL AGAINST JLB AND BJ [2014] ScotCS CSOH_128 (19 August 2014)

OPINION OF LORD MATTHEWS IN THE PETITION THE CITY OF EDINBURGH COUNCIL AGAINST JLB AND BJ [2014] ScotCS CSOH_128 (19 August 2014)

The court found that the respondents have a long-standing and persistent inability to discharge their parental responsibilities and rights due to drug misuse, non-engagement, and established grounds of serious sexual offences against the children. The welfare of KLJ requires that she be provided with permanence and stability through adoption. The statutory conditions for granting authority to adopt and dispensing with parental consent are met. It would be better for the child if authority to adopt is granted than if it is not.

Citation
[2014] ScotCS CSOH_128
Parties
Petitioner: The City of Edinburgh Council; First Respondent: JLB; Second Respondent: BJ
Jurisdiction
Scotland
Judgment Date
19 August 2014
Procedural Posture
Petition for Permanence Order With Authority to Adopt / Judgment After Proof
Outcome
Permanence order with authority to adopt granted; parental consent dispensed with.
Legal Topics
Permanence Order, Authority to Adopt, Dispensing With Parental Consent, Child Welfare, Parental Rights and Responsibilities, Drug Misuse, Sexual Offences Against Children
Family Law Child Protection Law Permanence Order Authority to Adopt Dispensing With Parental Consent Child Welfare Parental Rights and Responsibilities Drug Misuse +1 more

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Parties

The City of Edinburgh Council

Petitioner

JLB

First Respondent

BJ

Second Respondent

Procedural Posture

Petition for Permanence Order With Authority to Adopt / Judgment After Proof

Legal Issues

  1. 1 Whether a permanence order with authority to adopt should be granted in respect of KLJ under the Adoption and Children (Scotland) Act 2007
  2. 2 Whether the consent of the respondents (parents) should be dispensed with for the purposes of adoption
  3. 3 Whether the welfare of the child requires the granting of authority to adopt

Ratio Decidendi

The court found that the respondents have a long-standing and persistent inability to discharge their parental responsibilities and rights due to drug misuse, non-engagement, and established grounds of serious sexual offences against the children. The welfare of KLJ requires that she be provided with permanence and stability through adoption. The statutory conditions for granting authority to adopt and dispensing with parental consent are met. It would be better for the child if authority to adopt is granted than if it is not.

Court Disposition

Permanence order with authority to adopt granted; parental consent dispensed with.

Orders

  • Permanence order made in respect of KLJ under section 80 of the Adoption and Children (Scotland) Act 2007, including ancillary provisions vesting parental responsibilities and rights in the petitioners and extinguishing those of the respondents.
  • No direct or indirect contact between the child and the respondents.